IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Apaloo, Masime JJA and Kwach Ag JA )
CIVIL APPEAL NO. 24 OF 1987
BETWEEN
SAMSON OWINO GER...................................................APPELLANT
AND
MARMANET FOREST CO-OPERATIVE
& CREDIT SOCIETY LTD...............................................RESPONDENT
JUDGMENT
(Appeal from a ruling of the High Court at Nairobi, Shields J)
November 17, 1988, Apaloo, Masime JJA and Kwach Ag JA delivered the following Reasons for Judgment.
This appeal came before us on November 10, 1988, and at the conclusion of arguments we dismissed it with costs reserving our reasons for doing so, which we now give.
Samson Owino Ger, the appellant in this case, is an advocate of the High Court of Kenya and practices under the name and style of Ger and Company Advocates, at an address in Caxton House, Standard Street, Nairobi. We shall hereinafter refer to him as “the advocate”.
On December 16, 1985, Marmanet Forest Co-operative Savings and Credit Society Limited (the responden…